Traveling to Texas May Result in Violation of Constitutional Rights, ACLU Warns

Honolulu, Hawaiʻi – The American Civil Liberties Union of Hawaiʻi (“ACLU of Hawaiʻi) issued a travel alert today informing any Hawaiʻi residents planning to travel to Texas in the near future to anticipate the possible violation of their constitutional rights when stopped by law enforcement.

The alert comes amid the passing of a Texas law known as SB4. The law gives a green light to police officers in the state to investigate a person’s immigration status during a routine traffic stop, leading to widespread racial profiling, baseless scrutiny, and illegal arrests of citizens and non-citizens alike presumed to be “foreign” based on how they look or sound. The travel alert applies to all travelers to Texas, including U.S. travelers from other states and U.S. citizens. In addition, this alert applies to all encounters with federal, state, and county law enforcement including local police and sheriffs.

“The ACLU’s goal is to protect all Texans and all people traveling through Texas — regardless of their immigration status — from illegal harassment by law enforcement,” said Lorella Praeli, ACLU director of immigration policy and campaigns. “Texas is a state with deep Mexican roots and home to immigrants from all walks of life. Many of us fit the racial profile that the police in Texas will use to enforce Trump’s draconian deportation force.”

SB4 requires Texas law enforcement to comply with the federal government’s constitutionally flawed use of detainer requests, which ask local law enforcement to hold people for U.S. Immigration and Customs Enforcement (ICE), even when they lack the legal authority to do so.

“Hawaiʻi residents traveling to Texas need to be prepared for illegal harassment and racial profiling by local authorities when they get there,” said Mateo Caballero, legal director of the ACLU of Hawaiʻi. “Hawaiʻi is the most diverse state in the U.S. and we pride ourselves on the multitude of cultures represented on our islands. It is a sad day when we feel it necessary to advise our residents that it is precisely that diversity that makes them vulnerable to racial profiling and constitutional violations if they travel to Texas.”

Between 2008 and 2012, ICE requested local law enforcement to hold 834 U.S. citizens, some of whom subsequently spent days in jail as a result. Under SB4, the state of Texas is placing the rights of its residents, including U.S. citizens, in extreme jeopardy.

“At a time when some state lawmakers on the continent are turning their backs on their own residents with racist and hateful laws such as SB4, we encourage Hawaii’s local and state leaders to reaffirm their commitment to inclusion and aloha by refusing to play accomplice to the Trump administration’s unconstitutional immigration agenda. SB4 and similar policies targeting immigrants simply do not reflect Hawaii’s core values,” said Caballero.

Praeli said, “Everyone has constitutional rights in this country. The state of Texas, and every law enforcement officer, must respect those rights. The ACLU stands ready to safeguard those freedoms against those who seek to diminish them.”

ACLU National and other local ACLU affiliates also issued a Texas travel alert.
These include:

SB4 will go into effect on September 1, 2017. However, the ACLU is concerned that some law enforcement officers may begin to treat residents and travelers unfairly now. If you believe your rights have been violated because of SB4, please contact the ACLU of Texas at 1-888-507-2970.

The mission of the ACLU of Hawai‘i is to protect the civil liberties contained in the state and federal constitutions through litigation, legislative and public education programs statewide. The ACLU is funded primarily through private donations and offers its services at no cost to the public. The ACLU does not accept any government funds.